A clear signal to Moscow: France has announced its support for the prosecution of Russian leaders due to the invasion of Ukraine and is working to establish a special court for this purpose. This is the first Western European country to support the measure. The Kremlin has already announced that it will not recognize such a court.
The Ministry of Foreign Affairs in Paris said that its people are working on the proposal alongside partners in Europe.
The announcement came a day after the President of the Council of Europe, Ursula von der Leyen, supported the creation of such a tribunal in a special speech, dedicated to the Union's plans for Ukraine.
President Macron during his visit to Putin, before the start of the war.
The distance between the countries is increasing, photo: AFP
If such a court is established, it will be possible to file indictments for the crime of an act of aggression - that is, a violation of Ukraine's sovereignty - and the defendants can be all Russian officials, including President Putin, Foreign Minister Lavrov, Defense Minister Shoigu and other officials in the Russian political-security elite.
Such a court, where decisions can be made even in the absence of the accused, is required because Russia is not a signatory to the Rome Convention (1998) which established the International Criminal Court in The Hague.
The meaning: the criminal court is not allowed to discuss the crime of aggression - unlike concrete war crimes and crimes against humanity, although Putin and his senior ministers will still enjoy immunity during their term of office.
The International Criminal Court in The Hague.
Unsigned Russia, photo: GettyImages
Ukraine demanded the establishment of a special tribunal for the crime of invasion back in April, not long after the discovery of the atrocities committed by the Russian army in the Kyiv region.
However, with the exception of Poland and the three Baltic states, the initiative received a cold shoulder from the Western powers.
It is not impossible that France's signaling shows that there is a growing understanding that it is not possible to talk with the current regime in Moscow.
In her speech yesterday (Wednesday), von der Leyen said that any special court would have to have the support of the United Nations - whether it be an international court or within the jurisdiction of some country. In Kiev they say that the number of countries that will support such a court will be the key to enforcing its decisions.
Russia, a permanent member of the Security Council, is expected to veto the proposal to establish such a court, but an EU official told the British "Guardian" that the decision will be advanced in the General Assembly and that there are "good numbers expected".
The Kremlin has already made it clear that they will not recognize such a court.
"Attempts to establish such a tribunal will be deprived of all legitimacy and will be condemned by us," said Kremlin spokesman Dmitry Peskov.
One of the big questions now is whether the US will support the move. The Biden administration supported and continues to support Ukraine's war effort to the tune of more than $40 billion, but the US is not a signatory to the Rome Convention.
In the last two weeks, Russia was dealt two legal blows that further deteriorated its international standing.
Dutch judges hearing the case of the interception of the Malaysian plane over Ukraine by the pro-Russian separatists ruled that Russia was responsible for what was happening in the territories held by the separatists and that the missile that killed 298 passengers and crew members was fired from a launcher brought from Russia.
Whereas the European Parliament voted with a huge majority in favor of defining Russia as a state that supports terrorism.
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